This is a law firm opinion letter in response to a request from a client. The letter conforms to the ABA Statement of Policy regarding opinion letters.
This is a law firm opinion letter in response to a request from a client. The letter conforms to the ABA Statement of Policy regarding opinion letters.
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An affidavit of descent is filed when a person dies intestate or without a will. Document must be signed by the affiant and signature notarized. The affidavit, per KRS382.
An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.
Affidavit of Descent for Real Estate Located in Kentucky An affidavit of descent (alternately, affidavit of heirship) under KRS 382.120 establishes a source of title for a grantor who is transferring property he or she acquired from an intestate estate.
The affidavit must include specific information such as the name and address of the affiant, the decedent's name and date of death, marital history, and the names and addresses of the decedent's children and siblings. Sign the affidavit of heirship in front of a notary public. Get legal help if necessary.
Cost For This Proceeding An average fee for the attorney handling a determination of heirship for an estate is $4,000 to $5,000.
A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.
Each county in Texas has a different filing fee, but the cost of filing an affidavit of heirship runs from $50 to $75.
First and foremost, the affidavit must be signed by the person making the statement (the "affiant"). In addition, the affidavit must be notarized by a Kentucky Notary Public. The affiant must appear before the notary and sign the affidavit in their presence.